${site.data.firmName}${SEMFirmNameAlt} Main Menu
Call Today: 855-805-0595

Child custody fight regarding three orphans involves tribal court

46520469_S.jpgVarious treaties and past court decisions acknowledge the unique legal and political statuses of Native American Tribes as sovereign nations within the United States. This fact has become a central focus in a child custody battle surrounding three young girls who became orphans when their parents were killed by an alleged drunk driver. The girls have been placed in the temporary custody of their maternal aunt and uncle, as decided by a federal judge outside Missouri.

A Native American tribal court has stated its belief that it should be given a ruling voice in the situation. The girls' father, age 26 at the time of his death, was a member of the Shingle Springs Band of Miwok Indians. The tribal court contends that the orphaned children are, therefore, also members of the same tribe. Because the 1978 federal Indian Child Welfare Act grants tribal governments ruling voices in custody situations involving American Indian children, the tribal court representing the Miwok tribe wants the federal government to act according to its request, which is that custody be granted to the children's paternal aunt, also a member of the Miwok tribe.

The original Act was enacted when American Indian children were being placed into non-Indian homes, thus preventing them from being raised within their own cultures. A spokesperson of the tribal court said it is very important that its decisions regarding child custody situations be honored on and off reservations in the United States. The ongoing situation is being closely watched by many in a U.S. District Court in California.

Most child custody problems in Missouri are obviously not centered on contentious issues between the federal government and Native American tribal courts. However, many families are facing problems just as difficult and potentially life-changing. Those in need of guidance can contact an experienced family law attorney for assistance.

Source: Miami Herald, "Girls caught in custody battle after parents are killed in head-on collision", Pablo Lopez, Oct. 30, 2016

No Comments

Leave a comment
Comment Information

Contact Our Team To Get Help Now

Tell us about your case and we’ll get back to you promptly.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Stange Logo

Stange Law Firm, PC
2268 Bluestone Drive
St. Charles, Missouri 63303

Toll Free: 855-805-0595
Fax: 314-963-9191
St. Louis Law Office Map

DHQ | Divorce Headquarters Divorce
Headquarters ® App Download The App
Questions? Live Chat Pay Your Bill Online
States of Service

Other Office Locations

  • Saint Louis County: 120 S. Central Ave., Suite 450, Clayton, MO 63105: Clayton Office
  • West County: 16024 Manchester Rd., Suite 103, Ellisville, MO 63011: Ellisville Office
  • Jackson County: 256 NE Tudor Rd., Lee's Summit, Missouri 64086: Lee's Summit Office
  • Jefferson County: 16 Municipal Drive, Suite C, Arnold, MO 63010: Arnold Office
  • St. Charles County: 2268 Bluestone Drive, St. Charles, MO 63303: St. Charles Office
  • Franklin County: 5 S. Oak St. Union, MO 63084: Union Office
  • Lincoln County: 20 Centerline Drive, Troy, Missouri 63379: Troy Office
  • Boone County: 1506 Chapel Hill Rd., Suite H, Columbia, MO 65203: Columbia Office
  • Greene County: 901 E. St. Louis, Suite 404, Springfield, Missouri 65806 Springfield, MO Office
  • St. Clair County: 115 Lincoln Place Ct., Ste. 101, Belleville, IL 62221: Belleville Office
  • Madison County: 5 Club Centre Ct., Suite A, Edwardsville, Illinois 62025: Edwardsville Office
  • Sangamon County: 400 S. 9th St., Suite 100, Springfield, IL 62701: Springfield Office
  • McLean County: 1012 Ekstam Drive, Suite 4, Bloomington, IL 61704: Bloomington Office
  • Johnson County: 7300 West 110th Street, Suite 560, Overland Park, KS 62210: Overland Park Office
  • Sedgwick County: 2024 N. Woodlawn Street, Suite 407, Wichita, Kansas 67208: Wichita Office
  • Monroe County: 116 W. Mill St., Waterloo, IL 62298 (by appt. only): Waterloo Office
  • St. Louis City: 100 S. 4th St., #549, St. Louis, MO 63102 (by appt. only): St. Louis Office
  • Jackson County: 2300 Main St., #948, Kansas City, MO 64108 (by appt. only): Kansas City Office

The choice of a lawyer is an important decision & should not be based solely upon advertisements. See additional disclaimers here.